The U.S. Supreme Court has today, June 4, 2018, issued its decision in the case of Masterpiece Cakeshop, Ltd., et al. v. Colorado Civil Rights Commission et al. The Court held, 7-2, that the Colorado Commission violated the Free Exercise Clause of the First Amendment to the U.S. Constitution in the Commission’s handling of the case of a baker who told a same-sex couple that he would not create a cake for their wedding celebration because of his religious opposition to same-sex marriages.
In recent years, at least partly as a result of the Court’s holding in the 2015 case of Obergefell v. Hodges, LGBT and equal-rights activists have sometimes viewed the goal of achieving gender, sex, and marriage equality under the law as a fait accompli. Under that view, a Constitutional amendment to guarantee equality under the law is regarded as unnecessary, superfluous. But today’s ruling demonstrates that the need for the Equal Rights Amendment II continues.